BILL NUMBER: AB 42	CHAPTERED  08/23/00

	CHAPTER   222
	FILED WITH SECRETARY OF STATE   AUGUST 23, 2000
	APPROVED BY GOVERNOR   AUGUST 22, 2000
	PASSED THE ASSEMBLY   AUGUST 7, 2000
	PASSED THE SENATE   JULY 6, 2000
	AMENDED IN SENATE   JUNE 22, 2000
	AMENDED IN ASSEMBLY   JANUARY 12, 2000
	AMENDED IN ASSEMBLY   JANUARY 3, 2000

INTRODUCED BY   Assembly Member Zettel
   (Coauthors:  Assembly Members Robert Pacheco and Runner)

                        DECEMBER 7, 1998

   An act to amend Sections 48321, 48325, and 49076 of the Education
Code, relating to pupil truancy.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 42, Zettel.  Pupil truancy.
   (1) Existing law establishes the School/Law Enforcement
Partnership, composed of the Superintendent of Public Instruction and
the Attorney General. Existing law requires the partnership to
establish a statewide interagency school safety cadre for the purpose
of facilitating interagency coordination among school districts,
county offices of education, and law enforcement agencies to develop
programs to, among other things, reduce truancy rates.  Existing law
also provides that a school district may not permit access to pupil
records to any person without written parental consent or under
judicial order with specified exceptions.
   This bill would provide for an additional exception for a judge or
probation officer for the purposes of conducting a truancy mediation
program for a pupil or presenting evidence in a truancy petition,
and would require a school district, in releasing information
pursuant to this exception to inform, or provide written notice to,
the parent or guardian of the pupil.
   (2) Existing law authorizes the establishment of a county, local,
and state school attendance review board and sets forth membership
for the boards.
   This bill would require an invitation to be extended to a
representative from the health care profession to be a member of the
state board and would provide for a representative of school or
county health care personnel to be a member of the county and local
boards.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 48321 of the Education Code is amended to read:

   48321.  (a) (1) A county school attendance review board may be
established in each county.
   (2) The county school attendance review board, if established,
shall include, but need not be limited to, all of the following:
   (A) A parent.
   (B) A representative of school districts.
   (C) A representative of the county probation department.
   (D) A representative of the county welfare department.
   (E) A representative of the county superintendent of schools.
   (F) A representative of law enforcement agencies.
   (G) A representative of community-based youth service centers.
   (H) A representative of school guidance personnel.
   (I) A representative of child welfare and attendance personnel.
   (J) A representative of school or county health care personnel.
   (3) The school district representatives on the county school
attendance review board shall be nominated by the governing boards of
school districts and shall be appointed by the county superintendent
of schools.  All other persons and group representatives shall be
appointed by the county board of education.
   (4) If a county school attendance review board exists, the county
superintendent of schools shall, at the beginning of each school
year, convene a meeting of the county school attendance review board
for the purpose of adopting plans to promote interagency and
community cooperation and to reduce the duplication of services
provided to youth who have serious school attendance and behavior
problems.
   (b) (1) Local school attendance review boards may include, but
need not be limited to, all of the following:
   (A) A parent.
   (B) A representative of school districts.
   (C) A representative of the county probation department.
   (D) A representative of the county welfare department.
   (E) A representative of the county superintendent of schools.
   (F) A representative of law enforcement agencies.
   (G) A representative of community-based youth service centers.
   (H) A representative of school guidance personnel.
   (I) A representative of child welfare and attendance personnel.
   (J) A representative of school or county health care personnel.
   (2) Other persons or group representatives shall be appointed by
the county board of education.
   (c) The county school attendance review board may elect pursuant
to regulations adopted pursuant to Section 48324, one member as
chairperson with responsibility for coordinating services of the
county school attendance review board.
   (d) The county school attendance review board may provide for the
establishment of local school attendance review boards in any number
as shall be necessary to carry out the intent of this article.
   (e) In any county in which there is no county school attendance
review board, a school district governing board may elect to
establish a local school attendance review board, which shall operate
in the same manner and have the same authority as a county school
attendance review board.
   (f) The county school attendance review board may provide
consultant services to, and coordinate activities of, local school
attendance review boards in meeting the special needs of pupils with
school attendance or school behavior problems.
   (g) When the county school attendance review board determines that
the needs of pupils as defined in this article can best be served by
a single board, the county school attendance review board may then
serve as the school attendance review board for all pupils in the
county, or, upon the request of any school district in the county,
the county school attendance review board may serve as the school
attendance review board for pupils of that district.
   (h) Nothing in this article is intended to prohibit any agreement
on the part of counties to provide these services on a regional
basis.
  SEC. 2.  Section 48325 of the Education Code is amended to read:
   48325.  (a) The Legislature finds and declares that statewide
policy coordination and personnel training with respect to county
attendance review boards will greatly facilitate the achievement of
the goals expressed in Section 48320.  It is therefore the intent of
the Legislature in enacting this section to do the following:
   (1) Encourage the cooperation, coordination, and development of
strategies to support county school attendance review boards in
carrying out their responsibilities to establish local school
attendance review boards as necessary.  These strategies may include,
but need not be limited to, plans for the training of school
attendance review board personnel.
   (2) Divert pupils with serious attendance and behavioral problems
from the juvenile justice system to agencies more directly related to
the state public school system by developing a system for gathering
and dispensing information on successful community-based and
school-based programs.
   (3) Reduce duplication of the services of state and county
agencies in serving high-risk youth, including youth with school
attendance or behavioral problems.
   (4) Reduce the number of dropouts in the state public education
system by promoting interagency cooperation among those agencies
which have as their goals preventing students from dropping out, and
increasing the holding power of the public schools.
   (b) The Superintendent of Public Instruction shall coordinate and
administer a state school attendance review board, as follows:
   (1) On or before January 31 of each year, the superintendent shall
extend invitations of participation to representatives of
appropriate groups throughout the state, including, but not limited
to, representatives of school districts, parent groups, county
probation departments, county welfare departments, county
superintendents of schools, law enforcement agencies, community-based
youth service centers, school guidance personnel, child welfare and
attendance personnel, the health care profession and state
associations having an interest in youth with school attendance or
behavioral problems.  The superintendent shall also request the
participation of representatives from interested state agencies or
departments, including, but not limited to, the Department of the
California Youth Authority, the Department of Justice, the State
Department of Social Services, and the Office of Criminal Justice
Planning.  To the extent feasible, members of the board shall include
persons who are currently members  of county or local school
attendance review boards.  For every year after the first year that
the board is convened, the purpose of the invitations of
participation shall be to inform appropriate groups, state agencies,
and departments of the purposes of the board, to fill vacancies, and
to supplement the membership of the board as necessary.
   (2) The superintendent shall prescribe an appropriate deadline for
acceptance of invitations of participation as a member of the state
school attendance review board for that particular year, and the
invitations accepted on or before the deadline shall constitute the
board for that year, except that the board shall also include a
representative of the State Department of Education designated by the
director of that department.  The representative of the State
Department of Education shall be the chairperson of the board.
   (3) The superintendent shall convene the board at least four times
during the year.  At its first meeting, the board shall elect any
officers, other than its chairperson, as it deems necessary.  Members
of the board shall serve without compensation and without
reimbursement of travel and living expenses.
   (4) The State Department of Education shall provide assistance as
requested by the Superintendent of Public Instruction in order to
implement the provisions of this section.
   (c) The state school attendance review board shall make
recommendations annually to the Superintendent of Public Instruction,
and to state agencies as deemed appropriate, regarding the needs and
services provided to high-risk youth, including youth with school
attendance or behavioral problems, in the state public schools, and
shall propose uniform guidelines or other means to attain the goals
stated in subdivision (a).
  SEC. 3.  Section 49076 of the Education Code is amended to read:
   49076.  A school district is not authorized to permit access to
pupil records to any person without written parental consent or under
judicial order except that:
   (a) Access to those particular records relevant to the legitimate
educational interests of the requester shall be permitted to the
following:
   (1) School officials and employees of the district, members of a
school attendance review board appointed pursuant to Section 48321,
and any volunteer aide, 18 years of age or older, who has been
investigated, selected, and trained by a school attendance review
board for the purpose of providing followup services to students
referred to the school attendance review board, provided that the
person has a legitimate educational interest to inspect a record.
   (2) Officials and employees of other public schools or school
systems, including local, county, or state correctional facilities
where educational programs leading to high school graduation are
provided, where the pupil intends to or is directed to enroll,
subject to the rights of parents as provided in Section 49068.
   (3) Authorized representatives of the Comptroller General of the
United States, the Secretary of Education, and administrative head of
an education agency, state education officials, or their respective
designees, or the United States Office of Civil Rights, where the
information is necessary to audit or evaluate a state or federally
supported education program or pursuant to a federal or state law,
provided that except when collection of personally identifiable
information is specifically authorized by federal law, any data
collected by those officials shall be protected in a manner which
will not permit the personal identification of students or their
parents by other than those officials, and any personally
identifiable data shall be destroyed when no longer needed for the
audit, evaluation, and enforcement of federal legal requirements.
   (4) Other state and local officials to the extent that information
is specifically required to be reported pursuant to state law
adopted prior to November 19, 1974.
   (5) Parents of a pupil 18 years of age or older who is a dependent
as defined in Section 152 of the Internal Revenue Code of 1954.
   (6) A pupil 16 years of age or older or having completed the 10th
grade who requests access.
   (7) Any district attorney who is participating in or conducting a
truancy mediation program pursuant to Section 48263.5, or Section
601.3 of the Welfare and Institutions Code, or participating in the
presentation of evidence in a truancy petition pursuant to Section
681 of the Welfare and Institutions Code.
   (8) A prosecuting agency for consideration against a parent or
guardian for failure to comply with the Compulsory Education Law
(Chapter 2 (commencing with Section 48200) of Part 27 of Division 4
of Title 2) or with Compulsory Continuation Education (Chapter 3
(commencing with Section 48400) of Part 27 of Division 4 of Title 2).

   (9) Any probation officer or district attorney for the purposes of
conducting a criminal investigation or an investigation in regards
to declaring a person a ward of the court or involving a violation of
a condition of probation.
   (10) Any judge or probation officer for the purpose of conducting
a truancy mediation program for a pupil, or for purposes of
presenting evidence in a truancy petition pursuant to Section 681 of
the Welfare and Institutions Code.  The judge or probation officer
shall certify in writing to the school district that the information
will be used only for truancy purposes.  A school district releasing
pupil information to a judge or probation officer pursuant to this
paragraph shall inform, or provide written notification to, the
parent or guardian of the pupil within 24 hours of the release of the
information.
   (b) School districts may release information from pupil records to
the following:
   (1) Appropriate persons in connection with an emergency if the
knowledge of the information is necessary to protect the health or
safety of a student or other persons.
   (2) Agencies or organizations in connection with a student's
application for, or receipt of, financial aid.  However, information
permitting the personal identification of students or their parents
may be disclosed only as may be necessary for purposes as to
determine the eligibility of the pupil for financial aid, to
determine the amount of the financial aid, to determine the
conditions which will be imposed regarding the financial aid, or to
enforce the terms or conditions of the financial aid.
   (3) The county elections official, for the purpose of identifying
students eligible to register to vote, and for conducting programs to
offer students an opportunity to register to vote.  The information,
however, shall not be used for any other purpose or given or
transferred to any other person or agency.
   (4) Accrediting associations in order to carry out their
accrediting functions.
   (5) Organizations conducting studies for, or on behalf of,
educational agencies or institutions for the purpose of developing,
validating, or administering predictive tests, administering student
aid programs, and improving instruction, if the studies are conducted
in a manner that will not permit the personal identification of
students or their parents by persons other than representatives of
the organizations and the information will be destroyed when no
longer needed for the purpose for which it is obtained.
   (6) Officials and employees of private schools or school systems
where the pupil is enrolled or intends to enroll, subject to the
rights of parents as provided in Section 49068.  This information
shall be in addition to the pupil's permanent record transferred
pursuant to Section 49068.
   No person, persons, agency, or organization permitted access to
pupil records pursuant to this section shall permit access to any
information obtained from those records by any other person, persons,
agency, or organization without the written consent of the pupil's
parent.  However, this paragraph shall not be construed as requiring
prior parental consent when information obtained pursuant to this
section is shared with other persons within the educational
institution, agency, or organization obtaining access, so long as
those persons have a legitimate interest in the information.
   (c) Notwithstanding any other provision of law, any school
district, including any county office of education or superintendent
of schools, may participate in an interagency data information system
that permits access to a computerized data base system within and
between governmental agencies or districts as to information or
records which are nonprivileged, and where release is authorized as
to the requesting agency under state or federal law or regulation, as
long as each of the following requirements are met:
   (1) Each agency and school district shall develop security
procedures or devices by which unauthorized personnel cannot access
data contained in the system.
   (2) Each agency and school district shall develop procedures or
devices to secure privileged or confidential data from unauthorized
disclosure.
   (3) Each school district shall comply with the access log
requirements of Section 49064.
   (4) The right of access granted shall not include the right to
add, delete, or alter data without the written permission of the
agency holding the data.
   (5) No agency or school district may make public or otherwise
release information on an individual contained in the data base where
the information is protected from disclosure or release as to the
requesting agency by state or federal law or regulation.
